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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 221,064,00 and KRW 21,064,00 among them, from July 31, 2018 to 10.
Reasons
1. Basic facts
A. A. Around August 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), and the Plaintiff leased KRW 300,000,000 to Defendant B as the funds for purchasing equipment for the project related to the project related to the Posium (hereinafter “instant project”), which is a part of the Plaintiff’s Posium. Defendant B carried out the said project with the above borrowed money, and the said borrowed money and returned KRW 300,00,000,000 to the Plaintiff, and the Plaintiff shall pay the profits the Defendant B gains from the said project within the scope of KRW 150,00,00 (hereinafter “instant contract”), and Defendant C jointly and severally guaranteed the obligation to pay money under the said contract (hereinafter “instant contract”).
B. The instant contract contains the content that “Defendant B shall pay to the Plaintiff within the extent of 300 million won of the principal of the lending and the profits accruing from the implementation of the said project. The payment method shall commence from the initial sale and shall be paid in preference within the extent of 30% of the sales arising from the progress of the project, and the limit of the amount to be paid shall not exceed 4.5 billion in total. The repayment of principal and profits shall be made as soon as possible at the prompt time.” However, the Defendant B shall make every effort to repay principal and profits within the end of 2016.”
C. On April 20, 2018, the Plaintiff entered into an agreement with the Defendants on the condition that the Plaintiff lent KRW 300,000,000 on August 25, 2014 to you and receive KRW 150,00,000 of the profit of the project, and Defendant C was jointly and severally surety.
Since then, we have executed 30,000,000 won as contract price to you pursuant to the agreement, and have made an agreement to repay the price by the end of 2016 at the latest.
Since then, we demand reimbursement as the end of 2016, but you have returned.